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(영문) 부산고등법원(창원) 2015.05.28 2013나3043

약정금

Text

1. Revocation of a judgment of the first instance;

2. The Defendants pay each of the KRW 250,000 to the Plaintiff.

3. The total cost of the lawsuit.

Reasons

. The payment of interest in arrears, including 83.79 won, was made, but it was difficult for the Plaintiff to pay the balance to Defendant B and 3 other than Defendant B due to the Plaintiff’s financial difficulties.

b. Accordingly, the purpose is to facilitate the distribution of profits from the surplus through sale, sale, transfer of business rights, etc. when the ownership of real estate has been achieved at the successful interest by the transfer of ownership and the subsequent three other buildings (auction) and to resolve disputes on the transfer of ownership to the Defendant B and the next three other parties, and to facilitate the distribution of profits from the surplus through the sale, sale, transfer of business rights, etc. * The indication of the parties to the consultation ** The fact that the preservation of claims and the settlement of financial interests arising from the substitute payment following the above real estate (site) auction and registration fees, acquisition tax, property tax, subsequent acquisition of buildings (auction) expenses, etc. is to solve the current financial interest arising or anticipated in the future and to enter into an agreement on earned surplus, etc., the name of Defendant B and three other parties, and H, “B,” and the name of “B,” as follows,

* Multi-level* 353,929 KRW 353,929,00 is borne by “B”

Paragraph (2)(T) 3,269,145 won shall be borne by Defendant B and three others.

Paragraph (3) (Transfer of Right to Ownership Ownership of Successful Real Estate) The plaintiff shall submit documents attached to the registration of entrustment within seven days to the court, and shall file a registration of transfer at the time of application for registration of entrustment with the defendant B and the third party.

Paragraph 4 (B) of this Article provides that “A”-owned share transfer of F in Changwon-si and 583 square meters of the share in G (176 square meters) shall be KRW 500 million, and immediately “A”-owned share transfer of ownership to Defendant B and three other parties, “A”-owned share transfer, while entering into a contract, KRW 200 million, KRW 10 million until June 4, and the remainder of KRW 200 million, KRW 40 million, KRW 400,000,000,000, KRW 52,000,000,000 and KRW 1 billion,000,000,000 at the time of confirmation of the copy of the register after termination of the contract.